Lawyers are considering whether paramotor equipment from a fatal mid-air collision needs to be presented in court during an inquiry into the death of camera operator Dan Burton. The 54-year-old died after his paramotor collided with one flown by colleague Sacha Dench, known as the “human swan”, in the Highlands in September 2021.
At a preliminary hearing held virtually by Tain Sheriff Court on Wednesday, legal representatives addressed the question of whether the paramotors and wings should be brought to court for the fatal accident inquiry (FAI) scheduled for May 8 and 9. Fiscal depute Jemma Eadie told the court the parts are currently held across three police stations, with the majority stored in Inverness.
Peter Littlefair, representing Mr Burton’s widow Caroline, said it is not yet clear whether the items will be required in court, as it may depend on an expert they have instructed. “We do have an expert who is instructed but it is at a very early stage – our position in relation to the flight data has not allowed a report to be completed,” he said. He added that a British Hang Gliding and Paragliding Association (BHPA) report raised questions about whether one of the motors was moving at the time of the incident, as well as issues about speed and control of the wing.
Victoria Anderson, representing Conservation Without Borders, which was founded by Ms Dench, said it is not clear whether the physical items will be needed. Sheriff Neil Wilson noted the importance of having the equipment available, stating, “Regarding the physical productions, paramotor and wings, as I understand it your position is you would rather they were in court and weren’t needed than not in court and suddenly needed.”
The court also heard that Police Scotland cyber crime analysis has recovered more than 4,000 photos and videos from digital devices recovered from the scene. The Crown intends to call BHPA report author Mark Shaw as a witness, along with police officers and Ms Dench. Sheriff Wilson said he hopes for an update on whether physical evidence is needed in court by the next hearing.
